Q: Driving as a RIGHT not a privilege. Requirement of licensing. Below is copied from the case text off Justia's website.
PEOPLE vs. HORTON
Crim. No. 747. Court of Appeals of California, Fifth Appellate District. January 29, 1971.]
THE PEOPLE, Plaintiff and Respondent, v. KENNETH DON HORTON, Defendant and Appellant.
Nonetheless, the RIGHT of the citizen to drive on a public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality, is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.
A: What is your question? The excerpt does not mean that the ability to drive is a right. This part of the holding is referring to an individual’s right to operate a motor vehicle free from interference from law enforcement absent a good faith belief, or observation, of criminal conduct on the part of the driver or other occupants. These are different issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.